Terms and conditions of the EDDIPARTS online store

This document primarily sets out the terms on which agreements are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Annex 1: Sample withdrawal form

§ 1 DEFINITIONS

Business days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Act of April 23, 1964, Civil Code.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, without direct connection to their business or professional activity.
Account – a digital service governed by a separate regulation under the Consumer Rights Act, which allows the Buyer to use additional functionalities in the Store free of charge.
Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude an agreement with the Seller under the Terms directly related to their business activity but not having a professional character for them.
Terms – these terms and conditions.
Store – the EDDIPARTS online store operated by the Seller at https://eddiparts.com
Seller – EDDI COMPLEX D.DUDYS LIMITED PARTNERSHIP with its registered office at ul. Krakowska 98A, 32-650 Kęty, entered into the Register of Entrepreneurs of the National Court Register by the DISTRICT COURT FOR KRAKOW'S ŚRÓDMIEŚCIE IN KRAKOW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000479622, NIP 5492436294, REGON 12295884600000.
Consumer Rights Act – the Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Krakowska 98A, 32-650 Kęty
2. Email address: sklep@eddiparts.com
3. Phone number: 533177421
4. Return address for goods (in case of withdrawal): ul. Stara Droga 1, 32-600 Oświęcim
5. Address for sending claimed goods: ul. Stara Droga 1, 32-600 Oświęcim
6. The cost of phone calls or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller points out that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following is necessary:
   • a device with Internet access
   • an internet browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

1. The product prices visible in the Store are total prices for the product.
2. The Seller points out that the total price of the order consists of the product price and, if applicable, the delivery costs, indicated in the Store.
3. The product chosen for purchase should be added to the basket in the Store.
4. The Buyer then selects the delivery method and payment method for the order from the available options in the Store and provides the data necessary to complete the placed order.
5. The order is placed when the Buyer confirms its content and accepts the Terms.
6. Placing an order is equivalent to concluding an agreement between the Buyer and the Seller.
7. The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data for each possible order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. standard bank transfer to the Seller's account;
   2. payment by credit card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via the payment platform:
      • Shoper Payments
      • Przelewy24
   4. cash on delivery, i.e., cash upon delivery of the goods to the Buyer;
2. If the Buyer selects payment via the Shoper Payments platform, the entity providing the online payment service is Autopay S.A.
3. If the Buyer chooses advance payment, the order must be paid for within 3 Business Days of placing the order.
4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILMENT

1. The order fulfilment time is indicated in the Store.
2. If the Buyer has chosen advance payment for the order, the Seller will proceed with the order after it has been paid for.
3. If, within one order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time appropriate for the product with the longest fulfilment time.
4. The goods are delivered only within the territory of the Republic of Poland.
5. The following delivery methods are available in the Store: via a courier company.
6. The Buyer may collect the goods personally at the company's headquarters during its opening hours.
7. If the Buyer chooses personal collection, the goods will be ready for collection within the indicated order fulfilment time.

§ 7 RIGHT OF WITHDRAWAL

1. The Privileged Buyer has the right to withdraw from the agreement concluded with the Seller via the Store, subject to § 8 of the Terms, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Privileged Buyer acquires physical possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the goods;
   2. on which the Privileged Buyer acquires physical possession of the last goods, batch or piece or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the last goods, batch or piece in the case of an agreement relating to multiple goods ordered by the Privileged Buyer in one order and delivered separately.
3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms, of their decision to withdraw from the agreement by an unequivocal statement (e.g., a letter sent by post or email).
4. The Privileged Buyer may use the model withdrawal form provided at the end of the Terms, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
   
   CONSEQUENCES OF WITHDRAWAL
6. If the Privileged Buyer withdraws from the agreement, the Seller shall reimburse all payments received from the Privileged Buyer, including the costs of delivery of the goods (except for the supplementary costs arising if the Privileged Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the Privileged Buyer’s decision to withdraw from the agreement.
7. The Seller will carry out the reimbursement using the same means of payment as the Privileged Buyer used for the initial transaction unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
8. If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold the reimbursement until they have received the goods back or the Privileged Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
9. The Seller requests that the goods be returned to the following address: ul. Stara Droga 1, 32-600 Oświęcim without undue delay and in any event not later than 14 days from the day on which the Privileged Buyer communicated their withdrawal from the agreement. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.
10. The Privileged Buyer will bear the direct cost of returning the goods.
11. The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
12. If the goods, by their nature, cannot normally be returned by post, the Privileged Buyer will also have to bear the direct cost of returning the goods. The cost of returning the goods will be indicated by the Seller in the product description in the Store or during the order process.
13. If there is a need to return funds for a transaction made by the Privileged Buyer using a payment card, the Seller will return the funds to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance agreement referred to in § 7 of the Terms does not apply to the agreement:
   1. in which the object of the performance is a non-prefabricated item, manufactured according to the Privileged Buyer’s specifications or serving to meet their individualized needs;
   2. in which the object of the performance is an item that deteriorates rapidly or has a short shelf-life;
   3. in which the object of the performance is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
   4. in which the object of the performance is items which after delivery, according to their nature, are inseparably connected with other items;
   5. in which the object of the performance is sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery;
   6. for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market which the Seller cannot control and which may occur within the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the agreement as provided by the generally applicable law, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those concerning the functioning of the Store) be submitted to the postal or email address indicated in § 2 of the Terms.
3. If a product is covered by a warranty, information about it, as well as its terms, is available in the Store.
4. The Seller will respond to the complaint within 14 days of receiving it.

II PRIVILEGED BUYERS

1. Goods
   1. In case of non-conformity of the goods with the agreement, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for the non-conformity of the goods with the agreement existing at the time of delivery and disclosed within two years from that time, unless the goods' shelf life specified by the Seller, its legal predecessors, or persons acting on their behalf is longer.
   3. Based on the provisions of the Consumer Rights Act, in case of non-conformity with the agreement, the Privileged Buyer may request:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the Privileged Buyer may submit a statement of:
      1. price reduction,
      2. withdrawal from the agreement
      if:
      • the Seller refused to bring the goods into conformity with the agreement in accordance with Article 43d(2) of the Consumer Rights Act;
      • the Seller did not bring the goods into conformity with the agreement in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
      • the non-conformity of the goods with the agreement continues, despite the Seller's attempts to bring the goods into conformity with the agreement;
      • the non-conformity of the goods with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without first using the protection measures specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or circumstances that they will not bring the goods into conformity with the agreement within a reasonable time or without undue inconvenience to the Privileged Buyer.
   5. If the goods are subject to repair or replacement, the Privileged Buyer should make these goods available to the Seller. The Seller collects the goods from the Privileged Buyer at their own cost.
   6. The Privileged Buyer cannot withdraw from the agreement if the non-conformity of the goods with the agreement is insignificant.
   7. In case of withdrawal from the agreement referred to in this section (concerning goods), the Privileged Buyer immediately returns the goods to the Seller at their own cost, to the address ul. Stara Droga 1, 32-600 Oświęcim. The Seller reimburses the Privileged Buyer the price without delay, no later than within 14 days from the date of receipt of the goods or proof of their return.
   8. The Seller reimburses the Privileged Buyer the amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 days from the date of receipt of the Privileged Buyer's statement of price reduction.
2. Out-of-court ways of handling complaints and pursuing claims
   1. The Seller informs the Consumer about the possibility of using out-of-court ways of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer can use, among others:
      • the help of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The help of the European Consumer Centres is generally free. The list of Consumer Centres relevant for a given country is available at: https://konsument.gov.pl/eck-w-europie/
      • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      Moreover, in the territory of the Republic of Poland, the following forms of support are available:
      • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. Generally, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • the help of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for the case to be heard by the arbitration court should be submitted. Generally, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
   2. The previous provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court ways of resolving disputes.
   3. Using out-of-court ways of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. If a defect of the goods occurs, the Buyer other than the Privileged Buyer may complain about the defective goods based on the warranty governed by the Civil Code.
2. According to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their rights under the warranty if they did not examine the goods in a timely and customary manner for such goods and did not immediately notify the Seller of the defect, and if the defect became apparent only later - if they did not immediately notify the Seller after discovering it. To meet the above deadline, it is sufficient to send a notice of the defect before it expires.
3. Using the warranty, a Buyer other than the Privileged Buyer may, under the terms set out in the Civil Code:
   1. submit a statement of price reduction,
   2. in the case of a significant defect - submit a statement of withdrawal from the agreement,
   3. demand replacement of the goods with defect-free ones,
   4. demand the removal of the defect.
4. If it turns out that examining the complaint requires the delivery of the defective goods to the Seller, the Buyer other than the Privileged Buyer is obliged to deliver these goods to the address ul. Stara Droga 1, 32-600 Oświęcim.
5. To avoid doubts, the Seller points out that the Seller's liability to the Buyer other than the Privileged Buyer related to the complaint is governed by the provisions of § 11(7).

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer during the use of the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for processing, as well as data recipients – can be found in the Store's privacy policy, available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and Council (EU) on data protection – "GDPR".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The legal basis for processing personal data in this case is:
   • the agreement or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) of the GDPR),
   • the legal obligation incumbent on the Seller related to accounting (Article 6(1)(c) of the GDPR) and
   • the legitimate interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude an agreement. Failure to provide data will make it impossible to conclude an agreement in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
   1. the agreement concluded between the Buyer and the Seller ceases to apply;
   2. the Seller ceases to be legally obliged to process the Buyer's data;
   3. the possibility of pursuing claims by the Buyer or the Seller related to the agreement concluded by the Store ceases;
   4. the Buyer's objection to the processing of their personal data is accepted – in the case where the basis for processing the data was the legitimate interest of the Seller
   – depending on what applies in a given case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification,
   3. deletion,
   4. restriction of processing,
   5. data transfer to another administrator
      as well as the right to:
   6. object to the processing of their data at any time for reasons related to their particular situation – against the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., legitimate interests pursued by the Seller).
6. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Terms.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the authority responsible for data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. It is prohibited for the Buyer to provide unlawful content.
2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms. The agreement is concluded for the period and purpose of order fulfilment.
3. All agreements concluded under these Terms are subject to Polish law, subject to section 4.
4. The choice of Polish law for agreements concluded under the Terms with a Consumer does not exclude or limit the rights of this Buyer granted to them under the mandatory provisions of the law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide broader protection than that resulting from these Terms or Polish law – this broader protection applies.
5. Agreements concluded under the Terms are concluded in the Polish language.
6. In the event of a possible dispute with a Buyer who is not a Privileged Buyer, related to an agreement concluded via the Store, the competent court will be the court competent for the Seller's registered office.
7. Any liability of the Seller to the Buyer who is not a Privileged Buyer, related to an agreement concluded via the Store, is limited – to the extent permitted by law – to the amount of the order placed by the Buyer, resulting in the conclusion of the agreement, and to 1 year from the conclusion of this agreement.

Annex 1 to the Terms

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to use:

SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement)

EDDI COMPLEX D.DUDYS LIMITED PARTNERSHIP
ul. Krakowska 98A, 32-650 Kęty
email address: sklep@eddiparts.pl

- I/We(*) ..................................................................... hereby give notice(*) that I/We(*) withdraw from my/our(*) agreement of sale of the following goods(*) / for the provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of agreement(*)/receipt(*)

..............................................................................................................................................................................

- Name of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Account terms and conditions

in the EDDIPARTS store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal
§ 7 Personal data
§ 8 Change in the Terms or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who concluded an agreement for the provision of an Account based on the Terms or takes actions aimed at its conclusion, without direct connection to their business or professional activity.
Account – a digital service under the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, allowing the Service Recipient to use additional functionalities in the Store.
Privileged Entrepreneur - a Service Recipient who is a natural person concluding an agreement for the provision of an Account (or taking actions aimed at its conclusion) under the Terms, directly related to their business activity but not having a professional character for them.
Terms - these account terms and conditions.
Store – the EDDIPARTS online store operated by the Service Provider at https://eddiparts.com
Service Recipient - any entity who concluded an agreement for the provision of an Account or takes actions aimed at its conclusion.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider - EDDI COMPLEX D.DUDYS LIMITED PARTNERSHIP with its registered office at ul. Krakowska 98A, 32-650 Kęty, entered into the Register of Entrepreneurs of the National Court Register by the DISTRICT COURT FOR KRAKOW'S ŚRÓDMIEŚCIE IN KRAKOW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000479622, NIP 5492436294, REGON 12295884600000.
Consumer Rights Act – the Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: ul. Krakowska 98A, 32-650 Kęty
2. Email address: sklep@eddiparts.pl
3. Phone number: 533177421
4. The cost of phone calls or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and establishment of the Account, the following is necessary:
   • an active email account,
   • a device with Internet access,
   • an internet browser supporting JavaScript and cookies.

§ 4 ACCOUNT

1. Establishing an Account is entirely voluntary and depends on the will of the Service Recipient.
2. The Account gives the Service Recipient additional possibilities, such as viewing the order history placed by the Service Recipient in the Store, checking the order status, or independently editing the Service Recipient's data.
3. To establish an Account, the appropriate form must be completed in the Store.
4. At the moment of establishing an Account, an agreement for the provision of the Account is concluded for an indefinite period between the Service Recipient and the Service Provider under the Terms.
5. The Service Provider begins providing the Account service under the Terms immediately after concluding the agreement for the provision of the Account.
6. The Service Recipient can resign from the Account at any time without incurring any costs.
7. The deletion of the Account results in the termination of the agreement for the provision of the Account. To delete the Account, the Service Recipient must send their resignation from the Account to the Service Provider's email address provided in § 2 of the Terms, which will result in the immediate deletion of the Account and termination of the agreement for the provision of the Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address indicated in § 2 of the Terms.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the agreement, provided by generally applicable law, including in particular the provisions of the Consumer Rights Act.
4. In case of improper performance of the agreement for the provision of the Account by the Service Provider, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not delivered the digital service, the Privileged Service Recipient may request its delivery. If, despite this, the Service Provider does not deliver the digital service immediately or within an additional, explicitly agreed upon time between the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the agreement for the provision of the Account.
6. The Privileged Service Recipient may withdraw from the agreement for the provision of the Account without requesting the delivery of the digital service if:
   1. it is clear from the Service Provider's statement or circumstances that they will not deliver the digital service or
   2. the Privileged Service Recipient and the Service Provider agreed or it is clear from the circumstances of concluding the agreement for the provision of the Account that the specified time of delivery of the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it within that time.
7. The Service Provider is liable for the non-conformity of the digital service provided continuously, which occurred or was disclosed at the time when, under this agreement, the service was to be delivered.
8. If the digital service is non-conforming with the agreement for the provision of the Account, the Privileged Service Recipient may request that it be brought into conformity with the agreement.
9. In the case of non-conformity of the digital service with the agreement for the provision of the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, within a reasonable scope and using the least burdensome technical means for them, to determine whether the non-conformity of the digital service with the agreement for the provision of the Account in the appropriate time is due to the features of the Privileged Service Recipient's digital environment.
10. Additionally, if the digital service is non-conforming with the agreement for the provision of the Account, the Privileged Service Recipient may submit a statement of withdrawal from this agreement if:
    1. bringing the digital service into conformity with the agreement for the provision of the Account is impossible or requires excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider did not bring the digital service into conformity with the agreement for the provision of the Account within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient about the non-conformity with the agreement, and without undue inconvenience for the Privileged Service Recipient, taking into account the nature and purpose of the digital service for which it is used;
    3. the non-conformity of the digital service with the agreement for the provision of the Account continues, despite the Service Provider's attempts to bring the digital service into conformity with the agreement;
    4. the non-conformity of the digital service with the agreement for the provision of the Account is significant enough to justify withdrawal from the agreement without first using the protection measure specified in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into conformity with the agreement);
    5. it is clear from the Service Provider's statement or circumstances that they will not bring the digital service into conformity with the agreement for the provision of the Account within a reasonable time or without undue inconvenience for the Privileged Service Recipient.

III OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

11. The Service Provider informs the Consumer about the possibility of using out-of-court ways of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer can use, among others:
    • the help of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The help of the European Consumer Centres is generally free. The list of Consumer Centres relevant for a given country is available at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
    Moreover, in the territory of the Republic of Poland, the following forms of support are available:
    • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. Generally, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • the help of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for the case to be heard by the arbitration court should be submitted. Generally, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
12. The previous provision is for informational purposes and does not constitute an obligation for the Service Provider to use out-of-court ways of resolving disputes.
13. Using out-of-court ways of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
14. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

1. The Privileged Service Recipient has the right to withdraw from the agreement concluded with the Service Provider for the provision of the Account within 14 days without giving any reason.
2. The deadline for withdrawing from the agreement for the provision of the Account expires after 14 days from the date of concluding this agreement.
3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the contact details provided in § 2 of the Terms, of their decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by post or email).
4. The Privileged Service Recipient may use the model withdrawal form attached to the Terms, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The administrator of personal data provided by the Service Recipient in connection with the conclusion of the agreement for the provision of the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for processing, as well as data recipients, can be found in the Store's privacy policy, available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and Council (EU) on data protection – "GDPR".
2. The purpose of processing the Service Recipient's data is to provide the Account. The legal basis for processing personal data in this case is the agreement for the provision of the Account or actions taken at the Service Recipient's request, aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting of processing data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) of the GDPR).
3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the agreement for the provision of the Account and provide the services covered by it. Failure to provide data means that the agreement for the provision of the Account cannot be concluded, and the Service Provider cannot provide the services covered by it.
4. The Service Recipient's data will be processed until:
   1. the agreement for the provision of the Account ceases to apply;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account ceases;
   3. the Service Recipient's objection to the processing of their personal data is accepted – in the case where the basis for processing the data was the legitimate interest of the Service Provider
   – depending on what applies in a given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification,
   3. deletion,
   4. restriction of processing,
   5. data transfer to another administrator
      as well as the right:
   6. to object to the processing of their data at any time for reasons related to their particular situation – against the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., legitimate interests pursued by the Service Provider).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the authority responsible for data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGE IN THE TERMS OR ACCOUNT

1. The Service Provider reserves the right to change the Terms only for important reasons. An important reason is understood as the necessity to change the Terms caused by:
   1. a change in the functionalities of the Account requiring modification of the Terms or
   2. a change in legal provisions affecting the performance of the agreement for the provision of the Account by the Service Provider or adapting services to recommendations, guidelines, orders, or prohibitions, rulings, decisions, or interpretations of authorized public authorities or
   3. a change in the contact details or identification data of the Service Provider.
2. Information about the planned change in the Terms will be sent to the Service Recipient's email address assigned to the Account at least 7 days before the changes come into effect.
3. If the Service Recipient does not object to the planned changes until they come into effect, it is assumed that they accept them, which does not prevent the termination of the agreement in the future.
4. If the Service Recipient does not accept the planned changes, they should send information about this to the Service Provider's email address provided in § 2 of the Terms, which will result in the termination of the agreement for the provision of the Account with the moment the planned changes come into effect.
5. The Service Provider may make a change to the Account that is not necessary to maintain its compliance with the agreement for the provision of the Account, for the reason specified in section 1(b) or due to a change in the functionalities of the Account. Introducing a change, as referred to in the previous sentence, will not be associated with any costs for the Privileged Service Recipient. The provisions of sections 2-4 apply accordingly.
6. If the change, referred to in the previous section, significantly and negatively affects the access of the Privileged Service Recipient to the Account or the use of it, the Service Provider will send to the email address of the Privileged Service Recipient, with appropriate advance notice, on a durable medium, information about the characteristics and the date of this change and the rights of the Privileged Service Recipient related to this change.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Service Recipient to provide unlawful content.
2. The agreement for the provision of the Account is concluded in the Polish language.
3. The agreement concluded based on these Terms is subject to Polish law, subject to section 4.
4. The choice of Polish law for the agreement concluded based on the Terms with the Consumer does not exclude or limit the rights granted to the Consumer under the mandatory provisions of the law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide broader protection than that resulting from these Terms or Polish law – this broader protection applies.
5. In the event of a possible dispute with a Service Recipient who is not a Privileged Service Recipient, related to the agreement for the provision of the Account, the competent court will be the court competent for the Service Provider's registered office.
6. Any liability of the Service Provider related to the agreement for the provision of the Account to the Service Recipient who is not a Privileged Service Recipient, to the extent permitted by law, is excluded.